IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100010413 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Purple Heart for injuries sustained in 1945.

2.  The applicant states that he desires to be awarded the Purple Heart for serious injuries sustained in a jeep crash while serving with the 4th Corps Special Services in Italy in early 1945.  He goes on to state that he rejected the Purple Heart at the time because of the survivor guilt he experienced because his buddy was killed and he survived.  He continues by stating that it took him many decades to overcome the guilt and trauma and states that it would mean a great deal to him to receive the Purple Heart at this time. 

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and a copy of the 2004 Newsletter from the alumni 1108th Group which describes his experiences and injuries (page 24).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of 


justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was inducted at Camp Upton, New York on 26 August 1943 and entered active duty on 16 September 1943.  He completed his training as a combat engineer and departed for the European Theater of Operations  (ETO) on 22 February 1944.  He participated in the Rome Arno and North Apennines campaigns and was awarded the military occupational specialty of an entertainment specialist.  He departed the ETO on 4 May 1945 and was transferred to the Army Service Force (ASF) Convalescent Hospital at Camp Upton, New York.

4.  On 22 November 1945, he was honorably discharged in the pay grade of E-3 with a Certificate of Disability for Discharge.  His WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, the World War II Victory Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with two bronze service stars.  Item 34 (Wounds Received in Action) of that form contains the entry “None.”

5.  The 2004 Newsletter from the alumni 1108th Group which describes his experiences and injuries (page 24) indicates that the applicant was a passenger in a jeep in which the steering apparatus went berserk and control of the jeep was lost.  The driver was killed and the applicant survived.  There were three other members in the jeep and their status is unknown.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.



DISCUSSION AND CONCLUSIONS:

1.  While it is apparent on the surface that the applicant was injured during World War II as evidenced by his discharge with a Certificate of Disability for Discharge, there is insufficient evidence to determine if the injuries were the resultant cause of enemy action.

2.  Unfortunately, the absence of records makes it difficult at best to determine exactly what happened in the applicant’s case; therefore, it must be presumed that the applicant was not entitled to the award of the Purple Heart and his wounds were not deemed to be the result of enemy action.

3.  Inasmuch as the applicant has submitted evidence to show that he was involved in a jeep accident that makes no mention of his injuries being caused by enemy action, it is reasonable to presume that he did not meet the criteria for award of the Purple Heart.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100010413





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010413



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1